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Both sides must uphold obligations around accommodation: Ruling

Providing medical reports to support absence part of employee’s duty

By Jeffrey Smith

01/09/2017|Canadian Labour Reporter|Last Updated: 01/09/2017

A railway worker didn’t live up to his part of the accommodation process when he failed to respond to his employer’s requests for updated medical information, justifying the employer’s closure of his employment file, the Canadian Railway Office of Arbitration and Dispute Resolution has ruled.

The worker was an employee of the Canadian Pacific Railway Company (CP) and became subject to medical restrictions in 2013 that prevented him from working his regular job. Starting in October of that year, CP began accommodating the worker’s restrictions.

As part of the accommodation process, CP required the worker to provide a functional abilities form on a regular basis to support his continued absence.